Treatment FAQ

what is a section 35 treatment center

by Dorcas Hyatt MD Published 2 years ago Updated 2 years ago
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The Men’s Addiction Treatment Center is a Section 35 treatment facility, which is an intervention program for men who have been civilly committed. This Inpatient medical unit provides safe withdrawal from alcohol and other drugs for men.

Full Answer

Is a section 35 a good first treatment option?

Find a list of treatment facilities for Section 35 commitments as well as self-help resources for family and friends. ... Stonybrook Stabilization and Treatment Center at Springfield (Stonybrook at Springfield) (DOC) 155 Mill St., Springfield, MA 01108 (413) 547-8000.

Where can I get help for Section 35 in Massachusetts?

Section 35 is a Massachusetts law that allows a qualified person to request a court order requiring someone to be civilly committed and treated involuntarily for an alcohol or substance use disorder. Is a Section 35 a good first treatment option? No. Involuntary commitment should be the last option for treatment.

What is section 35 of the Mental Health Act?

There are several public detoxification/treatment facilities in Massachusetts where the court can commit someone under Section 35. The treatment facilities are run by either the Department of Public Health (DPH) or the Department of Correction (DOC).

What is a section 35 order?

The Mental Health Act is the law that mental health professionals use to detain you in hospital for assessment, treatment or both. If you are detained under the Act, it is sometimes known as being ‘sectioned’. The criminal courts can send you to hospital using section 35 of the Mental Health Act. They can do this if they want more ...

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What is a Section 35 in Mass?

Section 35 is a Massachusetts law that allows a qualified person to request a court order requiring someone to be civilly committed and treated involuntarily for an alcohol or substance use disorder.

Who can file a Section 35 in Massachusetts?

qualified petitionerWho may file a Section 35 petition? According to the statute, only a qualified petitioner may request the court to commit someone to treatment under Section 35. They are: a spouse, blood relative, guardian, a police officer, physician, or court official. Petitions may be filed at a District or Juvenile Court.

How do you involuntarily commit someone in Massachusetts?

Specifically, under Section 35, only the following people can petition the court for an involuntary civil commitment: 1) police officer; 2) physician; 3) spouse; 4) blood relative; 5) guardian; or 6) court official. If you are in any of those groups you can then file for involuntary commitment with the court.14 Jul 2017

What happens when a person is sectioned in Massachusetts?

How does Section 35 work? A family member, police officer or health care provider asks a court to involuntarily commit someone to addiction treatment. A warrant may be issued for the individual, and police may bring the person to court for a hearing.1 Jul 2019

What are the consequences of being sectioned?

What happens when you're sectioned? In most cases, you will be admitted to hospital very soon after your assessment (for most sections, it legally needs to be within 14 days). This will normally be by ambulance. Once there, you will have your rights explained to you and will be given a copy to keep.12 Jan 2021

What happens if someone is sectioned?

If you are sectioned, this means that you are kept in hospital under the Mental Health Act 1983. There are different types of sections, each with different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you are detained under.

What is a Section 12 in Massachusetts?

What is a Section 12? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.

Can you force someone to take medication?

When a healthcare provider sufficiently informs you about the treatment options, you have the right to accept or refuse treatment. It is unethical to physically force or coerce someone into treatment against their will if they are of sound mind and are mentally capable of making an informed decision.15 Feb 2022

Does Massachusetts have the Baker Act?

Massachusetts is one of only three states that do not authorize involuntary treatment in the community, often called assisted outpatient treatment (AOT)". You can find the Massachusetts civil commitment law, here.

What does sectioned mean in Massachusetts?

It's not a disease that confronts a certain group or demographic." Section 35 is a Massachusetts General Law that allows a judge to "involuntarily commit someone whose alcohol or drug use puts themselves, or others, at risk."11 Apr 2014

What is a Section 3 mental health?

Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.

How do you get someone sectioned?

Someone can only be sectioned if they meet certain criteria, these are: Their mental health problem is so severe that they need urgent assessment and treatment. They are a danger to themselves or others due to their mental health.

What chapter is psychiatric hospital?

However, an individual with a psychiatric disorder requiring stabilization and/or management to enable treatment of the substance use disorder will be referred to a psychiatric hospital or committed under MGL Chapter 123 Section 12.

Where to file an order of commitment?

Court official. The petitioner must go to the local court and file a written petition or affidavit for an order of commitment. Petitions may be filed at any District or Juvenile Court, regardless of home residence of the person being petitioned.

Why is awareness important in addiction?

Awareness of one’s role is a vital component of supporting their loved one’s recovery.

What happens if you can't afford a lawyer?

If the court finds that the person cannot afford a lawyer, the court will immediately appoint an attorney. At the court hearing, the court shall order an examination by a qualified physician, psychologist, or social worker. The person has a right to refuse the examination.

How long is a warrant valid for?

The warrant is valid for up to five consecutive days, excluding Saturdays, Sundays, and legal holidays, or until the person appears in court, whichever occurs first. Once the person is at the court, they have the right to be represented by an attorney.

What happens if a warrant is issued?

If a warrant is issued, police officers will attempt to locate the person, take the person into custody, and deliver the person to the court for a commitment hearing.

Can a petition be withdrawn without the court's permission?

Once the petition has been filed, it cannot be withdrawn without the permission of the court. If the commitment has been granted, it must occur regardless of what facility is designated.

What is level 4 detoxification?

They may need what's called “Level 4” treatment, which would take place in a hospital, if they have conditions such as: Cardiovascular disorders that need to be monitored. Acute liver disease.

What are the medical conditions that need to be monitored?

Cardiovascular disorders that need to be monitored. Acute liver disease. Biomedical problems that need to be stabilized and need 24-hour medical management, observation, or evaluation. Infectious open sores. Major head trauma or loss of consciousness that need to be monitored.

Can a judge commit a respondent to a private facility?

If the judge decides to commit the respondent, the court will hold them until the Sheriff’s Department moves them to the treatment facility. The court can't commit someone to a private facility, and they can’t force an insurance company to pay for treatment.

What is the Mental Health Act?

Overview. The Mental Health Act is the law that mental health professionals use to detain you in hospital for assessment, treatment or both. If you are detained under the Act, it is sometimes known as being ‘sectioned’. The criminal courts can send you to hospital using section 35 of the Mental Health Act. They can do this if they want more ...

How long can you stay in hospital for mental health?

A medical professional will write a report about your mental health and will recommend what the court should do. You will only be in hospital up to 28 days. But this can be extended up to a maximum of 12 weeks.

What is an AC in medical?

Approved Clinician (AC): an AC is a mental health professional who can assess or treat you under the Mental Health Act. Doctors, psychologists, nurses, occupational therapists and social workers can be ACs. They are trained to assess you for mental illness.

Do I have to go to court if I don't have a lawyer?

If you have a solicitor to represent you, you don’t need to go to court for the hearing if you don’t want to. If you don’t have a solicitor, you will need to go to court. You will need to go back to court when the section ends, so the court can decide the next steps.

What is a RC in mental health?

They are trained to assess you for mental illness. Responsible Clinician (RC): the RC is responsible for your overall care or treatment. The RC decides if you can leave hospital or they can renew your section. This will be based on information from different healthcare professionals who have worked with you.

What is included in a mental health report?

The report will include: a summary of your background, any concerns there are for you or others, your mental health history and current situation, if there is a chance that you will be convicted again, the future safety of you and others,

What is an IMHA?

You can get support from an Independent Mental Health Advocate (IMHA). An IMHA can help you take part in decisions about your care and treatment. And can tell you your rights. Hospital staff should tell you about the IMHA service at your hospital.

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